During a late-night patrol, a security guard discovers an individual attempting to force entry into a commercial building. The individual, upon being challenged, immediately drops their tools and flees on foot into a dimly lit alley. The security guard, identifying the individual as the apparent intruder, pursues for approximately 75 meters before catching and detaining them using a control hold. Under which section of the Criminal Code is the security guard most likely to justify their actions?

Question: During a late-night patrol, a security guard discovers an individual attempting to force entry into a commercial building. The individual, upon being challenged, immediately drops their tools and flees on foot into a dimly lit alley. The security guard, identifying the individual as the apparent intruder, pursues for approximately 75 meters before catching and detaining them using a control hold. Under which section of the Criminal Code is the security guard most likely to justify their actions?

Answer options:

• Section 25 (Protection of persons administering and enforcing the law), as the guard is acting to prevent a crime. ✅ Section 494 (Arrest without warrant by any person), specifically related to an 'indictable offence' or 'a person whom he finds committing an indictable offence'.
• Section 27 (Use of force to prevent commission of offence), justifying the pursuit and detention to prevent further criminal activity.
• Section 43 (Protection of persons arresting those committing indictable offences), which applies specifically to property owners.

Correct answer: Section 494 (Arrest without warrant by any person), specifically related to an 'indictable offence' or 'a person whom he finds committing an indictable offence'.

Explanation: Section 494(1) of the Criminal Code allows 'any person' to arrest without warrant a person who they find committing an indictable offence, or a person who, on reasonable grounds, they believe has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person. Breaking and entering is an indictable offence, and the immediate pursuit constitutes being 'freshly pursued.'